Bobby Hernandez, who pleaded guilty last year to several charges, including kidnapping, was sentenced to four years in prison.

His attorney, Ralph DeFranco, filed a brief last month asking for judicial release.

He said Hernandez does not have a significant criminal history. Clearly the defendant understands and appreciates the gravity of this case and understands that he denied the child’s mother access to him for many years,” the motion states.

Hernandez’s son spoke at the sentencing hearing last year.

“Growing up without my mother was tough, but taking my father from me now is doing the same thing,” the teen told the judge at the time. “I don’t know what to say except don’t send my father to jail.”